s 366
In forceTime for application
Volume 2Chapter 2, Part 2-5 to Chapter 3A, Part 3A-5 (sections 258 to 536NK)
Chapter 3Rights and responsibilities of employees, employers, organisations etc.
Part 3-1General protections
Division 8Compliance
366 Time for application
(1)
An application under section 365 must be made:
(a)
within 21 days after the alleged dismissal took effect; or
(b)
within such further period as the FWC allows under subsection (2).
(2)
The FWC may allow a further period if the FWC is satisfied that there are exceptional circumstances, taking into account:
(a)
the reason for the delay; and
(b)
any action taken by the person to dispute the alleged dismissal; and
(c)
prejudice to the employer (including prejudice caused by the delay); and
(d)
the merits of the application; and
(e)
fairness as between the person and other persons in a like position.
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